Since You Asked

In 1956, the Pennsylvania Supreme Court held that the city of Williamsport could legally tax a Williamsport bar owner’s jukebox. One justice, Michael Musmanno, thought the machine shouldn’t be taxed — but:

In the eyes and ears of many people, including the writer of this opinion, a juke box confined to ‘jazz’ records may be a nuisance. It robs the air of sweet silence, it substitutes for the gentle concord of stillness the wailings of the so-called ‘blues singer,’ the whinings of foggy saxophones, the screeching of untuned fiddles, the blasts of head-splitting horns, and the battering of earshattering drums. It makes a mockery of music, it replaces harmony with cacophony, tonality with discord, and peace with annoyance.

Musmanno’s dissents could run to 20 pages — in another he called Henry Miller’s Tropic of Cancer “a cesspool, an open sewer, a pit of putrefaction, a slimy gathering of all that is rotten in the debris of human depravity.”

His reputation may have cost him — when asked whether he read Musmanno’s dissents, Chief Justice Horace Stern said he was not “interested in current fiction.”

Noted

For Old-Time Schools and School-Books (1904), Clifton Johnson scanned the flyleaves of old textbooks for notes scribbled by bygone students.

From Murray’s English Reader, 1822:

http://books.google.com/books?id=860AAAAAYAAJ&source=gbs_navlinks_s

In a schoolbook of 1844:

http://books.google.com/books?id=860AAAAAYAAJ&source=gbs_navlinks_s

And in a history book:

http://books.google.com/books?id=860AAAAAYAAJ&source=gbs_navlinks_s

Case Closed

Another French trial is related of a beggar who being famished went to the door of a victualing house and inhaled the smell of the dinner until refreshed. He was sued by the proprietor for the price of a dinner. He declared he had taken nothing but the plaintiff declared that he had been refreshed at his expense. The justice gave this case a study that might well be imitated by our superior judges and finally decided that as the defendant had been refreshed by the smell of the dinner, the proprietor ought to be compensated by hearing the jingle of the coins.

— H.C. Shurtleff, “The Grotesque in Law,” American Law Review, January-February 1920

Land Rush

In 1955, the radio program Sergeant Preston of the Yukon promised that every child who bought a box of Quaker Oats cereal would receive a deed for one square inch of land in the Yukon. The company bought 19 acres on the Yukon River, divided it into square-inch plots, and packed the deeds into boxes of cereal.

In all 21 million plots were distributed this way, and then people, being people, began to explore the possibilities. According to Charles C. Geisler in Property and Values (2000), one deed owner declared independence for his tiny fiefdom; another offered to donate his to create the world’s smallest national park. One boy sent four toothpicks to the title office so they could fence his inch, though the deeds stipulated that each owner must acknowledge the right of every other owner to cross his plot at will. In Canadian Literary Landmarks (1984), John Robert Colombo reports that one wily collector amassed 10,000 deeds and asked to combine them; “his request was denied, as nowhere on the Deed of Land did it state that the square inches were adjacent.”

As it turned out, all this enterprise was moot — Quaker Oats never registered the subdivision or paid taxes on the land, so the whole thing reverted to the Canadian government a few years later.

Civic Minded

In 1979 Louisiana congressional candidate Luther Devine Knox tried to change his name to None of the Above so that the phrase could appear on the ballot.

His hope was that voters could then vote symbolically to reject the whole slate. “The people of this country have never had a free election,” he said in 1991. “We don’t have a right to reject candidates.”

The attorney general stopped him.

One World

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In October 1915, at the height of World War I, the Berlin Goethe Society invited Albert Einstein to submit an essay for its journal. He did so but warned that he would not be surprised if they chose not to use his submission. The society reviewed it with some dismay and asked Einstein to strike this passage:

“When I look into the home of a good, normal citizen I see a softly lighted room. In one corner stands a well-cared-for shrine, of which the man of the house is very proud and to which the attention of every visitor is drawn in a loud voice. On it, in large letters, the word ‘Patriotism’ is inscribed.

“However, opening this shrine is normally forbidden. Yes, even the man of the house knows hardly, or not at all, that this shrine holds the moral requisites of animal hatred and mass murder that, in case of war, he obediently takes out for his service.

“This shrine, dear reader, you will not find in my room, and I would rejoice if you came to the viewpoint that in that corner of your room a piano or a small bookcase would be more appropriate than such a piece of furniture which you find tolerable because, from your youth, you have become used to it.”

Einstein eventually agreed to remove the passage, but his own views were steadfast. The state, he wrote, “does not play the least role in my spiritual life; I regard allegiance to a government as a business matter, somewhat like the relationship with a life insurance company.”

The Referendum Paradox

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The island of Frobnitz is trying to decide whether to legalize left-handed quonkbats. Three million voters are represented by 200 members of parliament. In a referendum, a majority voice support for the measure, so it goes before parliament … which rejects it.

Why? Because most of the MPs’ constituencies oppose it:

referendum paradox

With this distribution, more than 55 percent (1,664,000/3,000,000) of the referendum votes are positive, but still more than 5/6 (167/200) of the MPs must vote no if they are to honor the preferences of their supporters.

In Voting Paradoxes and How to Deal With Them (1999), Hannu Nurmi writes, “The practical significance of the referendum paradox is in the shadow it casts on the institution of consultative referendum. Which should be decisive: the majority of the votes cast in a referendum or the majority of the votes of representatives who believe to represent the views of the majority of their supporters? If the former is considered more decisive, why then resort to the latter at all? If the latter is regarded as more important, then why bother with the former at all?”

The Nail House

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Image: Wikimedia Commons

When developers planned a shopping mall in the southwestern Chinese municipality of Chongqing in 2004, they quickly bought out 280 local homeowners in order to clear the necessary land. They didn’t count on 49-year-old Wu Ping and her husband, Yang Wu, who declined to leave and clung to their two-story brick house even as the developers excavated the land around it and allegedly sent thugs to intimidate them.

The case became a symbol of the struggle between homeowners and property developers as China’s farmland gives way to office buildings and industrial parks. “I’m not stubborn or unruly,” Wu told the state-run Legal Daily. “I’m just trying to protect my personal rights as a citizen.”

Even after electricity and water were cut, Yang cut a makeshift stairway up from the 10-meter pit that surrounded the house and hung a Chinese flag from its roof. He guarded the edifice while Wu conducted press conferences and sent him food, water, and quilts using a rope and pulleys. When the couple turned down compensation offers, the Chongqing housing authority called their demands “unreasonable” and ordered the house demolished. But in the face of 85 percent public support for Wu and Yang, a local court declined to enforce the order.

Finally, after three years, China passed a landmark law protecting private property and the couple accepted an apartment of similar size downtown. “Let’s hope the new law reduces such disputes,” political scientist Zhao Wanyi told China Daily.

Rules are Rules

Indiana had a sumptuary law prohibiting the smoking of cigarettes, and a showman was exhibiting a trick chimpanzee in a country town in the vicinity of South Bend. One of the tricks of this animal was to smoke a cigarette, for which he was arrested and brought before a justice of the peace. His keeper pleaded that the animal did not know that he was violating the law, but the justice solemnly replied that ignorance of the law excuses no one, and the chimpanzee was fined five dollars which his keeper paid.

American Law Review, January-February 1920